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The court blocked Trump's ban on issuing work visas: why not everyone will be affected

The court blocked a proclamation by US President Donald Trump prohibiting the issuance of H-1B and L1 visas, which are received mainly by information technology professionals. Writes about it The Economic Times.

Photo: Shutterstock

This follows a petition from associations representing American companies such as Apple, Google, Amazon and Walmart.

Blocking the decree will benefit thousands of Indian citizens seeking permission to work in the United States.

Judge Jeffrey White of the United States District Court for the Northern District of California said the injunction is effective immediately pending the conclusion of the trial or further court decisions.

Judge White also instructed the government not to take part in any action that could lead to the non-issuance of visas in the categories affected.

In June, Trump cited rising unemployment due to the economic crisis caused by the COVID-19 pandemic to introduce ban on issuing nonimmigrant visas until the end of 2020.

The National Manufacturers Association, the National Retail Federation, Technet, Intrax and the US Chamber of Commerce, which represent thousands of companies including Facebook, Uber and Google, have sued the Trump administration over the ban.

In addition to these associations, companies such as Microsoft and Amazon have provided written support for the claim, these documents detail how the visa ban affected them negatively.

“The judge ruled that the president does not have unlimited authority over the hiring of foreign workers. This is a temporary victory, but still a victory for these plaintiffs. Unfortunately, this does not apply to the nationwide ban. But it does give hope for future litigation, ”said Nandini Nair, immigration partner at Greenspoon Marder.

On the subject: Federal court blocked the rise in the cost of immigration services

The court decision will apply to companies that are members of the associations that filed the claim.

US tech companies have been the largest recipients of H-1B visas in recent years, receiving far more than Indian IT service companies. Indians make up the largest proportion of nationalities holding H-1B visas, receiving over 70% of H-1B visas issued in FY 2018. The ban affected the issuance of 85 new H-000B visas for the fiscal year beginning October 1.

In the ruling, Justice White said the proclamation exceeded the authority of the president.

“The rationale for a preliminary injunction is reasonable. The court found that the president was trying to change the immigration law, ”said Rajiv Khanna, managing attorney at immigration.com.

In addition, although the proclamation provides data on unemployment in the first months of the pandemic, the judge noted that “the statistics of unemployment associated with the pandemic actually indicate that unemployment is concentrated in the service sector, and a large number of vacancies affected by the ban are computer operations requiring highly skilled workers. And although the decision applies only to the plaintiffs involved in the claim, it opens the door for others to file claims on the same basis in this court. "

It is unclear how this ban will be implemented as visa processing has yet to be fully resumed in several countries.

In September, the Washington District Court rejected an H-1B / H-4 visa provisional injunction filed by law firm Wasden Banias on behalf of the 169 affected Indians.

Judge Amit Mehta said the visa ban did not cause irreparable damage, while rejecting the application.

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